Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1887-07-06
THE SANITARY SUBJECT.
Eminent Legal Authority says Dr. o.
g. Craig is still Commissioner Of
HeaIth---A Communication Worthy

Eminent Legal Authority says Dr. o..
&. Craig is still Commissioner Of
HeaIth---A Communication Worthy
of Perusal and Digestion.
The ARGUS has sought and obtained
the following communication on the sub
Ject of the health commissioners office
from one of the leading attorneys in the
city. II is an unbiased and unpre iudiced
review of matter in which the people
Of Rock Island are interested and all
should read it:
Editor Of the Argus:
Rock ISLAND H., July By the
revised ordinances passed and approved
March %, 1885, the Office of commission
er of beallh was established Ordinance
page 1871 This office was established
in pursuance of the power granted in
section two (2) of article six co. of the
new city charter-(ordinances page 4W--
That section provides in terms for the
appointment of certain officers and for
the creation of such other offices as may
by said council be deemed necessary or
expedient. 1t also provides that the
council may abolish any such office by
the like vote as is required to create it,
to-wit: Qwo>thirds of the aldermen
elected)
By sub section seventy>six (76) of sec.
one "a or article five ~ of the city
charter it is provided that the city coun-
Gil shall have power ito appoint board
of health and prescribe its powers and
duties"
Section seven % of article two (2) of
the city charter is as follows: The
mayor shall have power to remove any
officer appointed by him on arg formal
chdrge. whenever he shall be of the opin-
ion that the interests of the CITY demand
such removal; but he shall report the
reasons for such removal to the council
at meeting TO be held not less than five
| (5) days. nor more than ten Q0) days
after such removal and if the mayor
shall fail or refuse to file with the CITY
clerk statement of the reasons for such
removal. or if the council by two
thirds % vote of all the members au-
th0rized by law to be elected, by yeas
and nays to be entered upon its record,
dlsapprove of such removal, such Off
Ger shall thereup0n become restored tC
the office from which he was so removed
but he shall give new bonds and take a
new oath OF Office. No officer shall he
removed a second time for the sdHJe or
tense.
This section, as printed IN the book OF
ordinances, Is grossly lncorrect-mOrt
than nall OF the seciion Is lett out, anC
what is gwen is incorrect. The torego
my are all the statute provisions on The
SUBJECT
| rirs', had the city council power t.
estaDilSh lhe o1nce OF commissioner Of
health Inc nrst section OF artlcle i've
(ol OF the city charter says: The city
council small nave the following powers
anu then makes ninety one specific enum
eratlons, the seventy sixth being his
power TO appoint board OF health. Al
above stated, section two (2l of article
SIX (b) provides for the creation of sucl
onces as the council may deem eXredl'
eht. IL Is claimed by the mayor and city
attorney that the Office OF commissions
OF health cannot be created, because the
assert that only board of health can b.
appointed and 6odrd means more thai
one. Grant that board means more
than one, yet the conclusion does no
follow. Their argument, If it has an
force, is this: Article D, rs abov'
s'd'eu' gives the Guy council certain
powers, ana IL Is therefore limited Il
those powers, IL can DO nothing beyOn'
the matters enumerated, and therefore tn
power granted IN article six (6) to estab
llsh such offices as it may deem necessar,
or expedient being IN excess of or differ
ent from the powers granted in articl
five (5), is void and of no effect. Til
mere statement of such proposition
makes it refutatiou II is unworthy o
argument.
Second. Has the mayor removed Dr.
} Craig from the Officer Section seven &
1 above quoted, provides that the mayo
shall have power to remove "on an
formal charge. What does this mean
Does 1t mean that he can remove at hi
q caprice and without formal charger
I charge is to be made. against WHOM
it to be made? The law, the city council
or the person filling the office? Tn
mayor makes the charge against the la
or the council. He says TO Mayer MOI
! : and the then city attorney, the committe
on ordinances with the aid of the cor
poration counsel" Judge Wilkinson. yo
did not know what you were about. Yo
| conferred together and consolidated you
wisdom in the preparation of ordinance